The Sandiganbayan Sixth Division has struck down the plea of former Immigration deputy commissioners Al Argosino and Michael Robles for three Sandiganbayan justices to inhibit over their alleged bias in hearing their P50-million bribery case.
In a resolution dated Jan. 28, the anti-graft court said the motion of Argosino and Robles was “sorely lacking” of proof of the three justices’ bias and partiality over the case.
“They did not even cite any specific Resolution or any particular instance which would indicate that this Court’s rulings were grounded on something other than what was learned during the course of the proceedings,” the Sandiganbayan said.
Robles sought for the recusal of division chairperson Associate Justice Sarah Jane Fernandez, whom he said was a classmate of lawyer Laurence Arroyo, counsel of his co-accused, retired cop Wally Sombero.
Robles said Fernandez and the Sixth Division would be accused of partiality should they decide not to inhibit from the case.
Argosino shared a similar appeal and even sought the inhibition of Associate Justices Karl Miranda and Zaldy Trespeses.
But the Sandiganbayan’s resolution penned by Fernandez said: “She does not recall any substantial interaction between them, if there was any interaction at all, after they took the bar examinations and became lawyers, or even when they were students.” Maricel V. Cruz
The Sandiganbayan also referred to Supreme Court decision which said a classmate’s appearance at a judge does not justify a voluntary inhibition, unless proven otherwise by the parties.
“Their claim that Justice Fernandez will be subject to suspicions of bias and partiality, for or against the accused, by the mere fact that she and Atty. Arroyo were classmates, is not grounded on evidence, much less, clear and convincing evidence, but on speculation, surmises or conjectures,” the Sandiganbayan said.
Argosino and Robles are facing graft, direct bribery, violation of Presidential Decree 46 in connection with the P50-million bribery scandal at the Bureau of Immigration.
Earlier, Argosino and Robles each posted the P60,000 bail at the anti-graft court’s Sixth Division. The bail is for one count each of violation of Section 3(e) of the Anti-Graft and Corrupt Practices Act, direct bribery, and violation of Presidential Decree 46 which punishes public officials for receiving gifts from private individuals.
Argosino and Robles also face the non-bailable offense of plunder. But the Sandiganbayan has yet to establish probable cause in holding them for trial and issue their respective arrest warrants.
